01-12-24
Roxie Burton
Women’s Rights Researcher,
Global Human Rights Defence.
On December 1st, a historic law was introduced in Belgium, when it became the first country in the world to allow sex workers to sign formal employment contracts, and endowed them with legal protection. As a result, they have gained the right to sick days, maternity pay and are entitled to a pension.
Many see this as a necessary step forward, in a country where sex work was decriminalised in 2022, but without granting any protections onto sex workers themselves. In order to overcome this chasm, lawmakers began voting to give sex workers the same employment protections as any other employee in May of this year, so as to clamp down on abuse and exploitation in sex work.
As part of the law, sex workers also have the right to refuse sexual partners or to refuse to perform specific acts and can stop an act at any time. They are also unable to be fired for refusing to perform any such act.
Those who employ sex workers are now to be subject to requirements, such as having no prior convictions for sexual assault, human trafficking or fraud. They are also required to ensure that their premises are clean, sanitary and equipped with a panic button, clean linen, showers and condoms.
These protections are, however, only granted to sex workers who sign an employment contract, and not those who are self-employed. Meanwhile those who perform pornography or striptease are also not covered by the law.
The law has received a mixed reaction, with the Belgian Union of Sex Workers describing the law as a “huge step forward, in ending legal discrimination against sex workers”. A researcher at Human Rights Watch has also hailed the new law as “radical… the best step we have seen anywhere in the world so far”.
But some feminist organisations have criticised the law as an “accept[ance] of sexist violence”. While others are concerned that the high hygiene standards could be capitalised upon to actually reduce or eliminate sex work in certain municipalities through the introduction of strict local regulations to make sex work more difficult on their territory.
Sources and further readings:
Sofia Bettiza, (December 1st, 2024) ‘Belgium’s sex workers get maternity leave and pensions under world-first’ BBC News <https://www.bbc.com/news/articles/c5ygn31ypdlo> Accessed 1 December 2024.
Jennifer Rankin, (December 1st, 2024), ‘Belgium’s sex workers win maternity pay and pension rights in world first’ The Guardian <https://www.theguardian.com/world/2024/dec/01/belgium-sex-workers-win-maternity-pay-and-pension-rights-in-world-first>Accessed 1 December 2024.
Juliana Kim, (December 1st, 2024) ‘Belgium becomes first country to give sex workers robust labor rights and protections’ <https://www.npr.org/2024/12/01/nx-s1-5212435/belgium-sex-workers-labor-protections-rights-first> Accessed 1 December 2024.
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